Chapter 19.72 COMMERCIAL BUILDINGS--ENERGY CONSERVATION MEASURES
Section 19.72.170 Violations and civil remedies.
A. Any person violating or causing the violation of this
chapter shall be guilty of an
infraction as provided for in Berkeley Municipal Code, Section 1.20.020, in addition to any other
remedies provided under applicable law.
B. The remedies provided for under this section are in
addition to any the City or any person
might have under applicable law.
C. No sale of a commercial building shall be invalidated
solely because of the failure of any
person to comply with any provision of this chapter. However, any person who willfully or
negligently violates or fails to perform any duty prescribed by any provision of this chapter shall
be liable for the damages resulting from his or her failure to comply.
D. Compliance with the requirements of this chapter in
no way directly requires the removal
or abatement of asbestos or other hazardous materials. However, compliance with the
requirements of this chapter does not relieve any person of compliance with any other applicable
state, federal or local law.
E. If the building is not in compliance with this section and no pending
appeal had been
properly and timely filed, the City shall file in the office of the county recorder, a certificate
describing the property and certifying that the building is not in compliance with this section and
that the owner has been so notified at least 14 days prior. If the building is brought into
compliance with this section, the City shall, within 14 days, file a new certificate with the county
recorder certifying that the building is in compliance with this section. (Ord. 6582-NS § 1, 2000:
Ord. 6176-NS § 17, 1993)